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LSDefine
Simple English definitions for legal terms
doubling
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A quick definition of doubling:
Term: Doubling
Definition: Doubling is when a married couple can protect twice as much property in bankruptcy than if they filed separately. This means that if they own something together, like a car, they can each protect the full value of it. This helps them keep more of their things in a Chapter 7 bankruptcy or pay less to creditors in a Chapter 13 bankruptcy.
A more thorough explanation:
Doubling is a term used in bankruptcy law that refers to the right of a married couple to claim twice the amount of an exemption when they file a joint case.
According to the law, each debtor in a joint case can claim exemptions separately. For example, if a couple jointly owns a car worth $10,000, each spouse can claim an exemption of $10,000, depending on the state's exemption laws.
Doubling is beneficial for married couples in both Chapter 7 and Chapter 13 bankruptcy cases. In Chapter 7, it allows the couple to keep more of their property, while in Chapter 13, it enables them to pay less to unsecured creditors.
For instance, if a couple files for Chapter 7 bankruptcy and has a joint bank account with $20,000, they can claim a total exemption of $20,000 or $10,000 each. This means that they can keep the entire amount in their account without having to pay it to their creditors.
In summary, doubling is a legal provision that allows married couples to claim twice the amount of an exemption in bankruptcy cases, which can help them keep more of their property or pay less to their creditors.